What are the process oriented regulatory requirements that apply to FTA projects?

The primary environmental laws and regulations related to the environmental review process for FTA-funded projects are summarized below with web links to the full law or regulation.

National Environmental Policy Act of 1969 (42 USC § 4321 et seq.)
The federal law that mandates the consideration of environmental impacts before any federal action that significantly affects the human environmenta undertaken, and that establishes the environmental review process. The CEQ regulations and the FHWA-FTA environmental regulation, for both of which links are provided below, detail the implementation requirements of the law.

CEQ Regulations Implementing the National Environmental Policy Act (40 CFR Parts 1500-1508)
Regulation promulgated by the Council on Environmental Quality (CEQ) that provide the requirements federal agencies must follow in implementing the National Environmental Policy Act (NEPA).

FTA (and FHWA) Environmental Impacts and Related Procedures (23 CFR Part 771)
The Council on Environmental Quality’s (CEQ) regulations direct Federal agencies to develop their own NEPA procedures to supplement the CEQ’s NEPA regulations (40 C.F.R. § 1507.3). The CEQ also directs federal agencies with similar programs to coordinate their procedures. At some point, the FHWA and FTA were deemed to have similar programs and, thus, now have joint NEPA regulations. The joint NEPA regulations are housed in the Highway title of the Code of Federal Regulations (CFR).

Section 139 of Title 23, U.S. Code and other MAP-21 Project Delivery Provisions
The FHWA and FTA currently have joint guidance on the environmental review process in 23 U.S.C. 139 as created by Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). Section 6002 describes the role of each participant in the environmental review process (the grant applicant/project sponsor lead, participating, and cooperating agencies; sets new requirements for coordinating and scheduling agency reviews; broadens the authority for states to use federal funds to ensure timely environmental reviews; sets comment deadlines for environmental impact statements; sets a judicial review limitation on permits, licenses, or approvals for Federal highway and transit capital projects; and, specifies a process for resolving interagency disagreements.

On July 6, 2012, the President signed the Moving Ahead for Progress in the 21st Century Act (MAP-21), which makes further modifications to the environmental review process through changes to 23 U.S.C. 139 and other modifications to the environmental review process not reflected in the U.S. Code.  The FHWA and FTA are currently working on an update to its guidance that would reflect those changes.

National Historic Preservation Act of 1966, as amended. Section 106. 16 USC § 470
The Act requires federal agencies to take into account the effect of a federal action on any historic district, site, building, structure or object that in on  or eligible for inclusion in the National Register. Federal agencies must also allow the Advisory Council on Historic Preservation the opportunity to comment on the action

Advisory Council on Historic Preservation Section 106 Regulation (36 CFR Part 800)
ACHP has developed detailed regulations for complying with the Section 106 process requirements described above.  The Section 106 review consists of establishing a list of consulting parties (individuals and organizations with a demonstrated interest in the project due to the nature of their legal or economic relation to the action or affected properties, or their concern with the action’s effects on historic properties), and in consultation with those parties:

• demarcating the areas of potential effects (APEs) on historic resources,
• evaluating each potentially historic properties within the APE for listing on or eligibility for the National Register of Historic Places (NRHP),
• evaluating the effects of the project on each of those NRHP-listed or NRHP-eligible resources and buildings,
• and negotiating a memorandum of agreement to resolve each adverse effect on each NRHP-listed or NRHP-eligible property.

FHWA-FTA Section 4(f) Regulation (2008). 23 CFR Part 774 
Section 4(f) is a statutory provision that generally prohibits the U.S. Department of Transportation from approving the “use” of public parks, wildlife refuges and historic buildings, unless  

•  No feasible and prudent alternative can be identified and
• All possible planning has been conducted to minimize harm, or
• The use of the property is considered  de minimis, as defined in statute

The regulation describes the process for conducting a Section 4(f) analysis including identifying Section 4(f) properties, identifying officials with jurisdiction over the properties and making a determination. FHWA and FTA share joint regulations for Section 4(f) at 23 CFR Part 774.

Environmental Provision of Federal Transit Law 49 USC § 5323(q) 
This provision separates the evaluation of the acquisition of right-of-wayfor a project from the evaluation of the construction and operation of that project in the environmental review process. 

Linking Planning and NEPA
Section 1310 of MAP-21 allows for the use and adoption of planning decisions and documents (analysis and studies) in the NEPA process subject to certain conditions which are described in the Act. Guidance on applying this provision is currently under development.

Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, Executive Order 12898
This Executive Order directs federal agencies to make achieving environmental justice part of their missions by identifying and addressing, as appropriate, disproportionately high adverse human health or environmental effects of its activities on minority and low-income populations. To implement Executive Order 12898, the U.S. DOT issued DOT Order 5610.2 which was followed by FTA Order 4703.1 from FTA, Environmental Justice Policy Guidance for FTA Recipients. This FTA Order governs the consideration of environmental justice within the environmental review process for a project .